Joseph D. Wilkins and Mary Wilkins - Page 3

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          that 1988 was the final year Golden Rule Furniture was in                   
          existence.                                                                  
               Petitioner claimed the following expenses and deductions for           
          Golden Rule Furniture on the Schedule C attached to petitioners'            
          1988 Federal joint tax return:  $35,240 for cost of goods sold;             
          $5,493 for car and truck (auto expenses); $1,795 for                        
          utilities/telephone expenses; $710 for meals/entertainment                  
          expenses; $6,846 for freight expenses; and $1,979 for                       
          commissions.                                                                
               Of the amounts claimed, respondent allowed $8,408 for cost             
          of goods sold and $4,891 for auto expenses.  Respondent                     
          disallowed the remaining deductions due to lack of verification.            
               Petitioners have the burden to prove that respondent's                 
          determinations are incorrect.  Rule 142(a); Welch v. Helvering,             
          290 U.S. 111 (1933).  Deductions are a matter of legislative                
          grace.  A taxpayer seeking a deduction must be able to show that            
          the taxpayer comes within the express provisions of the statute.            
          New Colonial Ice Co. v. Helvering, 292 U.S. 435, 440 (1934).                
               Respondent disallowed $26,832 of the amount claimed for cost           
          of goods sold.  At trial, petitioners failed to introduce any               
          evidence that they are entitled to a larger deduction than the              
          amount allowed by respondent.  Indeed, petitioner admitted that             
          "I don't have any evidence."  Consequently, petitioners have not            
          met their burden of proof.  We sustain respondent on this issue.            






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